Legal Question in Civil Litigation in Alabama
Auto Collision
My wife was hit from behind on 11/08/04. The driver of the vehicle that hit her had no insurance. He stated that the owner of the vehicle had liablity insurance. He was issued a no insurance citation.
I contacted the driver of the vehicle on 11/13/04. He stated that I could contact him on 11/15/04 to get the insurance information. I have not been able to contact him after the last contact on 11/13/04. He can not be reach at either of the phone numbers on the police report. His place of employment telephone numbers are disconnected. The supposed owner of the vehicle no longer lives at the address that is on the police report. I have left several messages on his cell phone with no success.
I do not want to file this with my insurance because of possible rate increases. And this is the second time I have been hit by someone with no insurance and nothing as paid for so I am determined for this not to happen again.
What action can I and should I take?
Allen
1 Answer from Attorneys
Re: Auto Collision
Do you know the insurance carrier and the owner's name and address? If so, you can call their claims department and report the claim. If they had insurance, the carrier will take it from there. If not, the only way to get a result is to file suit. The owner may be liable for negligent entrustment as well if the driver was an "incompetent" driver. With respect to making a claim on your insurance company, your rates really should not increase because it was not your wife's fault, but your carrier may do what they wish. If your wife was injured, you would have to show that the other driver was uninsured before your uninsured motorist coverage would kick in.
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